A group of companies being sued by the New York attorney general over their distribution of so-called ghost gun kits is asking the Second Circuit to weigh in on the case and decide whether the parts kits can be considered “firearms” and if they are entitled to immunity under federal firearms law.
In a petition filed Monday, the companies said a decision by the Second Circuit on those questions would substantially advance the litigation because a ruling in the companies’ favor would cut down, if not eliminate, the claims in the suit filed by Attorney General Letitia James.
According to the petition, the circuit judges don’t need to weigh into the facts and allegations of the case, as both are questions of law that can be decided on the text of New York’s gun laws and the Protection of Lawful Commerce in Arms Act, or PLCAA.
The companies told the circuit court that the district court has already agreed that the question of whether their products are considered “firearms” is worth certifying to the Second Circuit and that it is a controlling question of law as the suit is based entirely on the idea that the parts kits are considered “firearms.”
